What Constitutes Contempt? What Happens If a Party Is Found in Contempt?
Your divorce is final. You’ve reached agreements with your ex about custody, visitation, and support, and the court has documented your arrangement in a written order. What happens if your spouse chooses not to abide by the terms of the divorce decree? What power do you or the court have to make sure your agreements are honored? The answer involves contempt of court citation.
What Is Contempt of Court?
In the American justice system, parties are bound by law to follow court orders, including divorce decrees, custody orders, and support orders. A person who intentionally violates such an order can be found in contempt of court. In divorce proceedings, contempt of court typically involves a failure to pay child support, refusal to make a child available for visitation, or taking the child out of the state or country in violation of a court order
What Are the Potential Penalties for Contempt of Court?
New Jersey courts have substantial latitude with respect to the penalties for violating a court order. One of the most common sanctions is the requirement that the person found in contempt pay the other party’s legal fees. In most cases, the offender faces fines, though the court has the power to take away the perpetrator’s drivers license and even sentence the offender to jail time.
Contact an Experienced New Jersey Family Law Attorney
At the law office of David M. Lipshutz, we won’t take your case unless we know we can help. For a private meeting, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9:00 A.M. and 5:00 P.M.
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